Terms of Use Agreement for the Memorial Healthcare System MyChart Website

Please Read These Terms and Conditions of Use Carefully

DESCRIPTION AND ACCEPTANCE

Memorial Healthcare System operates this website and provides its MyChart Internet service to allow its patients and others to view portions of their medical records. In some cases, Patients and others may communicate electronically with Memorial-employed physician offices and clinicians on matters that are not emergencies or urgent.

This service is optional. You may receive services from Memorial Healthcare System without using this website.

By using this website, you are agreeing to comply with and be bound by these terms of use. If you do not agree with these terms, do not use this site. Memorial Healthcare System reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.

OBTAINING ACCESS

Access to the Memorial Healthcare System MyChart Website will only be obtainable by the patient presenting in person at their MyChart Provider’s Office. Only Providers that are live on Epic software will be able to grant access to MyChart. The patient may be granted access to MyChart in one of two ways: 1.) a MyChart Access Form, containing a one-time original access code and instructions for signing up to MyChart for the first time, as well as instructions for logging in after access has been established, will be printed by MyChart Provider’s Office staff, or 2.) the patient will be guided through the access procedure on a computer device located at their MyChart Provider’s Office during their office appointment. In an effort to protect patient identity and personal health records, access codes will not be issued over the telephone, by mail or by email, nor to a third party.

INFORMATION IS NOT MEDICAL ADVICE

The information available through the Memorial Healthcare System MyChart website is provided to assist you in getting certain information. This information is not a substitute for appropriate and timely consultation with your doctor or health care provider. When you use this site, you assume full responsibility and all risk for the appropriate use of the information contained in the website.

MEDICAL EMERGENCY

You may use the messaging capabilities of the Memorial Healthcare System MyChart website to ask general questions about your care, but do not use the MyChart website for medical emergencies or to report changes in your condition. The questions or comments you make here may not reach your doctor for some time. This may be as long as two days or more. Call 911 or go to an emergency room if you have an immediate concern. Call your doctor’s service if you have an urgent question or concern or to report a change in your condition.

ELIGIBILITY

You must be 18 years or older to participate in Memorial Healthcare System MyChart. In addition, you must be under the care of a physician using Memorial Healthcare System MyChart. Your MyChart Provider will be able to activate your MyChart account and give you detailed instructions regarding its use during your visit. You may also request a MyChart account by contacting your MyChart physician’s office. Not all Memorial physicians will elect to communicate using MyChart, in which case communications may include office consultations, telephone, or U.S. mail service.

MyChart may also be available to the parents of minors, health care surrogates, proxies, guardians, caregivers, and / or certain other authorized persons who may assist or act on behalf of Memorial Healthcare System patients (See “PROXY ACCESS”). If you are not within this group of authorized persons, you are not permitted to use MyChart.

YOUR MEDICAL RECORD

When you receive health care services, providers such as hospitals and physicians are required by law to maintain records that document your care. MyChart is provided as a convenience which enables you to access online to some of the information contained in your electronic medical record, but not all of it. For example, MyChart may show a summary or a description of your information rather than the actual entries made by your physician or the clinician treating you. This means that you should not rely upon information obtained via MyChart as complete (See “TEST RESULTS”). If you require a complete medical record, you should make your request through the hospital’s Health Information Management Department or through the physician practice where you receive your medical care. If you believe your MyChart medical information is inaccurate, you should contact your physician’s office or you may request an amendment to your medical record in accordance with the Privacy Notice of Memorial Healthcare System, or in accordance with the Privacy Notice of your physician.

TEST RESULTS

Lab test results generally will be posted automatically to your MyChart “Test Results” within 3 days and you will be advised of the availability of this information by e-mail communication (if enabled at activation). Certain lab and radiology test results will become available on MyChart only after your physician has discussed them with you. Certain other lab test results will not be posted to MyChart because of their sensitive nature and instead will be reported directly to you by your physician. This includes items such as test results for sexually transmitted disease, alcohol and substance abuse, pathology exams, and other tests. Where there are any questions about information that is posted or not posted, please contact your physician.

PROXY ACCESS

Although the term “Proxy” has a more specific meaning under Florida law, it is used in the general sense here to refer to parties who have the legal right to Protected Health Information. “Proxies” include Guardians, Health Care Surrogates, and Proxies. Proxy Access allows you to access the MyChart records of an individual other than yourself. You may obtain proxy access to the MyChart records of your minor child under the age of 18 by completing the Request for Parental Access to Child’s MyChart and submitting it to your child’s MyChart Provider’s office. Proxy access to a minor’s MyChart will be granted to persons with parental rights, legal guardianship, or durable power of attorney for health care over the minor, if the requestor of proxy access demonstrates the legal right to this information, supported by appropriate documentation. Certain types of medical information are not made available in MyChart for minors, including information relating to sexually transmitted disease, alcohol and substance abuse, mental health records, and pregnancy. Parental access may be terminated if any of these conditions apply. When the minor reaches the age of 18, or obtains a court order giving him or her the rights of an adult, all proxy access will be discontinued or denied. At that point, the patient is an adult and may request access to his / her own MyChart account.

When an adult patient has the ability to make and understand his / her own medical decisions, he / she may grant proxy access to another adult, such as a spouse, adult child, or caregiver, provided that both adults sign and submit the applicable forms [Proxy request form]. The adult patient may revoke proxy access to MyChart by using the Proxy Account Management feature within MyChart. When an adult patient does not have the ability to make and understand his / her medical decisions, another adult may obtain proxy access by signing and submitting the [Proxy request form] and demonstrating appropriate legal authority such as guardianship, durable power of attorney for healthcare, or status as healthcare surrogate. If this legal relationship changes, the adult proxy must immediately notify their MyChart Provider, and proxy access may be revoked. Memorial Healthcare System reserves the right to revoke proxy access at any time for any reason.

MESSAGING, PASSWORDS, AND SECURITY

You are required to provide Memorial Healthcare System MyChart with a valid e-mail address, and it is your responsibility to keep this address updated with MyChart if you change your e-mail account. You will receive an e-mail message via the Internet notifying you whenever new information has been released to your Memorial Healthcare System MyChart account. You may then access your MyChart account to view the new information through our secure, password-protected website. You are responsible for monitoring such e-mail messages, accessing and viewing your MyChart account, and responding in an appropriate and timely manner. While e-mail communications with Memorial Healthcare System will not contain specific medical information, such messages may be seen by anyone with access to your personal e-mail account. You should consider this when providing an e-mail address for Memorial Healthcare System MyChart.

It is your responsibility to keep your MyChart login name and password confidential, and to change your password if you feel that its security has been compromised. You may change your password at any time. You must promptly notify us of any unauthorized use of your MyChart account, or if you become aware of any other security breach related to MyChart. Memorial Healthcare System uses computer software to monitor, audit, and log access and usage of MyChart by all participants, including proxies.

Messages you send to Memorial Healthcare System MyChart, and our responses, may become a part of your permanent medical record. As noted elsewhere in this “Terms of Use” agreement, you should never use MyChart messaging for medical matters requiring urgent attention. For all urgent medical matters, contact your physician’s office, go to an emergency room, or call 911.

TERMINATION OF ACCESS

Use of Memorial Healthcare System MyChart is entirely voluntary and you may cancel your access to MyChart at any time by using the Account Manager within your MyChart account or by contacting your MyChart Provider. Memorial Healthcare System reserves the right, at its sole discretion, to terminate the access of any MyChart participant at any time, for any reason without notice. Such reasons may include violation of any provision of these “Terms of Use” or any of the following: transmitting material that is offensive, obscene, defamatory, threatening, harassing, abusive, or slanderous to any person; using inappropriate messaging, such as messaging that is excessive or contains inappropriate content; attempting to damage or impair MyChart, or interfering with its proper workings and security mechanisms; or impersonating anyone else, or otherwise interfering with the use of MyChart by another person.

MyChart accounts will be automatically disabled after three failed login attempts. If this occurs, you will be re-routed to your security questions and upon answering them correctly, a new password will be sent to your email. If you continue to have issues accessing your MyChart account, please present to your MyChart Provider’s office to re-establish your account.

PRIVACY

Memorial Healthcare System is committed to protecting the privacy and confidentiality of your medical information. We employ extensive technological resources such as encryption and firewalls to safeguard your medical information within our MyChart system. All messages containing medical information that are transmitted within MyChart are subject to state of Florida and federal laws governing the security and confidentiality of medical records. Please refer to the Memorial Healthcare System Notice of Privacy Practices for further details on how we use and disclose your medical information, and your rights under the law.

WARRANTY AND LIMITATION OF LIABILITIES

IN USING THE MEMORIAL HEALTHCARE SYSTEM MYCHART WEBSITE, YOU AGREE THAT THE INFORMATION PROVIDED BY MEMORIAL HEALTHCARE SYSTEM AND ITS LICENSORS ARE PROVIDED AS IS, AS AVAILABLE WITHOUT WARRANTY, EXPRESS OR IMPLIED, AND THAT YOU USE THE WEBSITE AT YOUR OWN RISK. YOU UNDERSTAND THAT MYCHART MAY NOT BE AVAILABLE TO USERS ALL OF THE TIME DUE TO SYSTEM FAILURES, BACK-UP PROCEDURES, MAINTENANCE, OR OTHER CAUSES BEYOND THE CONTROL OF MEMORIAL HEALTHCARE SYSTEM. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEMORIAL HEALTHCARE SYSTEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU FURTHER AGREE THAT MEMORIAL HEALTHCARE SYSTEM AND ANY OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE CONTENTS OF THE WEB SITE HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED OR PURCHASED THROUGH THE WEBSITE.

MEMORIAL HEALTHCARE SYSTEM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE OR ANY OTHER WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

THIRD PARTY LINKS

The Memorial Healthcare System MYCHART website contains links to third-party websites. These third-party links are provided for your convenience only. The linked websites are not under Memorial Healthcare System’s control. Memorial Healthcare System and its affiliates are not responsible for the contents of any linked website or any link contained in a linked website. Memorial Healthcare System and its affiliates do not endorse any linked website or any information, products or services contained in the linked website.

THIRD PARTY INFORMATION

Any reference made by this website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, banner advertisement or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Memorial Healthcare System. Content on this website may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Memorial Healthcare System.

USE OF COPYRIGHTED MATERIALS AND OTHER INTELLECTUAL PROPERTY

MyChart is a registered trademark of Epic Systems Corporation. The information available through the Memorial Healthcare System MyChart website is the property of Memorial Healthcare System or its licensors and is protected by copyright, trademark, and other intellectual property laws. Other names and logos contained in this site may be trademarks or registered trademarks of their respective company. Information received through the website may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by Memorial Healthcare System or its licensors received through this website to anyone, including but not limited to others in your organization. Any copy made of information obtained through this Internet site must include the copyright notice. Use, reproduction, copying, or redistribution of Memorial Healthcare System's logos or other marks is strictly prohibited without written permission from Memorial Healthcare System.

JURISDICTION AND APPLICABLE LAWS

Memorial Healthcare System operates its website from its offices in Broward County, Florida. Although the Web site is maintained as an informational service to persons residing in and around Broward County, Florida, the website can be accessed throughout the United States and throughout the world. Because the laws of each State or country may differ from those of Florida, by accessing this website both you and Memorial Healthcare System agree that the statutes and laws of the state of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating in any way to use of the website or information contained therein.

You and Memorial Healthcare System also agree and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal courts located in Ft. Lauderdale, Broward County, Florida with respect to such matters. Memorial Healthcare System makes no representation that materials on this website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.